Arthashastra and Justice: Constitutional Critique

How progressive or regressive are the theories of justice and punishment in Arthashastra?

How fair and just are the legal procedures prescribed in Kautilya’s Arthashastra? What does Chanakya say about the caste system, women, and untouchability?

Read this to learn more about Arthashastra and Chanakya’s theories on justice and life.

Introduction

Chanakya, also known as Kautilya and Vishnugupta was a famous scholar and royal strategist in ancient India.

He is often credited for his political astuteness and remains an admired icon in ancient Indian history.

However some of this writings are also inherently casteist, manifestly inegalitarian, and outwardly realist.

Further, the values espoused by Arthashastra clearly militate against the broad constitutional values and international human rights laws that aim to promote a social order based on human dignity, justice, and equity. 

Arthashastra and Women

Recently, a Supreme Court judge, Justice Abdul Nazeer eulogized Arthashastra and the ancient Indian legal system i.e. the Brahminical law books.

However, noted Supreme Court advocate Kaleeswaram Raj says that Arthashastra contemplates punishment for an official for personally talking with a woman employee, during work hours.

Untruthfulness, rashness, guile, stupidity, avarice, uncleanliness, and cruelty are a women's seven natural flaws.
Do not put your trust in rivers, men who carry weapons, beasts with claws or horns, women, and members of a royal family.
Women have hunger two-fold, shyness four-fold, daring six-fold, and lust eight-fold as compared to men.
The wife with an offensive face should be given up, and so should relatives who are without affection.
Courtesy should be learned from princes, the art of conversation from pandits, lying should be learned from gamblers and deceitful ways should be learned from women.

Arthashastra and Caste system

Arthashashtra vehemently advocates a varna-based society.

Even a casual reading of the Arthashashtra and Chanakya Niti shows that like many other Hindu-Brahmanical texts, they consistently advocate the four-fold division of humankind and duties of the four castes as determined by the Veda. 

For instance, in Chapter 3 (titled ‘The End of Sciences’) Arthashastra provides-

As the triple Vedas definitely determine the respective duties of the four castes and of the four orders of religious life, they are the most useful. 
The duty of the Brahman is study, teaching, the performance of sacrifice, officiating in others' sacrificial performance, and the giving and receiving of gifts. 
That of a Kshatriya is study, the performance of sacrifice, giving gifts, military occupation, and protection of life. 
That of a Vaisya is study, the performance of sacrifice, giving gifts, agriculture, cattle breeding, and trade. 
That of a Shudra is the serving of twice-born (dvijati), agriculture, cattle-breeding, and trade (Varta), the profession of artisans and court-bards (karukusilavakarma).’
The observance of one's own duty leads one to Svarga and infinite bliss (Anantya). When it is violated, the world will come to an end owing to confusion of castes and duties. 
Hence the king shall never allow people to swerve from their duties; for whoever upholds his own duty, ever adhering to the customs of the Aryas, and following the rules of caste and divisions of religious life, will surely be happy both here and hereafter. 
For the world, when maintained in accordance with injunctions of the triple Vedas, will surely progress, but never perish.

People under the delusion of an ideal Varna system where one could freely change their castes and occupations should not that Arthashastra prescribes strict punishment for a person belonging to a lower caste pretending to be from the upper caste.

When a Shudra calls himself a Brahman, or when any person steals the property of gods, conspires against the king, or destroys both the eyes of another, he shall either have his eyes destroyed by the application of poisonous ointment, or pay a fine of 800 panas.

Similarly, readers may note the following few references from Chanakya Niti on its advocacy for the caste system.

A brahmana's strength is in his learning, a king's strength is in his army, a vaishya's strength is in his wealth and a shudra's strength is in his attitude of service.
Agni is the worshipable person for the twice-born; the brahmana for the other castes; the husband for the wife; and the guest who comes for food at the midday meal for all.
The brahmana is like tree; his prayers are the roots, his chanting of the Vedas are the branches, and his religious act are the leaves. Consequently effort should be made to preserve his roots for if the roots are destroyed there can be no branches or leaves.
One who devotedly gives a little to a brahmana who is in distress is recompensed abundantly. Hence, O Prince, what is given to a good brahmana is got back not in an equal quantity, but in an infinitely higher degree.
The house in which the lotus feet of brahmanas are not washed, in which Vedic mantras are not loudly recited, and in which the holy rites of svaha (sacrificial offerings to the Supreme Lord) and swadha (offerings to the ancestors) are not performed, is like a crematorium.

Chanakya and Untouchability

In addition to its fervent advocacy for caste-based social segregation, Arthashastra also supports untouchability.

One may appreciate the following few excerpts from Arthashastra to get a gist of what Chanakya thought about Shudras and untouchables.

In like manner haughty persons may be won over by telling that just as a reservoir of water belonging to Chandalas is serviceable only to Chandalas, but not to others, so this king of low-birth confers his patronage only on low-born people, but not on Aryas like thee; so the other king who is possessed of power to distinguish between men and men may be courted.
This rule shall also apply to Chandalas and other profane persons (committing the same offence).

Similarly, the Chanakya Niti also contains several derogatory remarks on those who intermingle and interdine with Shudras.

Of those who have studied the Vedas for material rewards, and those who accept foodstuffs offered by Shudras, what potency have they? They are just like serpents without fangs. 

As opposed to this, the Indian Constitution in Article 17 categorically prohibits and outlaws untouchability in any form.

Thus, Chanakyan edicts fly in the face of established constitutional norms.

Indian Constitution and Varna System

The caste-based determination of one’s occupation and duties proposed by Chanakya in Arthashastra completely goes against the overarching spirit of the Indian constitution that secures to its citizens the right to practice any profession, trade, occupation, or business under Article 19(1)(g).

Chanakya also leaves no stone unturned in appeasing and cajoling the Kshatriya i.e. the warrior and ruling castes by promising and guaranteeing them invincibility and success in warfare if they take the good counsel of the Brahmins and be faithful to the Brahmanical Shastras. 

In Chapter 9 (titled as-The creation of councilors and priests) he writes-‘That Kshatriya breed which is brought up by Bráhmans, is charmed with the counsels of good councilors, and which faithfully follows the precepts of the sástras becomes invincible and attains success though unaided with weapons.’

Arthashastra and Brahmanical Shastras enjoins the Kshatriyas to ensure through the power of their sword that everybody’s conduct should conform to the norms and the structure of the caste system.

The king shall never allow people to swerve from their duties; for whoever upholds his own duty, ever adhering to the customs of the Aryas, and following the rules of caste and divisions of religious life, will surely be happy both here and hereafter. 
For the world, when maintained in accordance with injunctions of the triple Vedas, will surely progress, but never perish.

Legal Procedures in Arthashastra

The Justice and penal system envisaged by Chanakya in Arthashastra is highly regressive, oppressive, and disproportionate. In the Arthshastra, the quantum and nature of punishment for various offenses depend not on the nature of the crime but on one’s caste.

Arthashastra prescribes cruel and inhumane punishment to Shudras for pity offenses. It is quite disturbing to note that for the same offense of adultery, a Kshatriya man is to be punished with mere amercement/fine but a person belonging to the Shudra category has to be burnt alive rounded in mats. 

In chapter 13 (titled as-punishment for violating justice) it provides-‘A Kshatriya who commits adultery with an unguarded Bráhman woman shall be punished with the highest amercement; a Vaisya doing the same shall be deprived of the whole of his property, and a Shúdra shall be burnt alive wound round in mats.’

An edict in chapter 19 (titled as assault) of Arthashastra provides, ‘that limb of a Shúdra with which he strikes a Bráhman shall be cut off.’

In chapter 10 (titled as-Fines in lieu of mutilation of limbs) it provides, ‘when a Shúdra calls himself a Bráhman, or when any person steals the property of gods, conspires against the king, or destroys both the eyes of another, he shall either have his eyes destroyed by the application of the poisonous ointment or pay a fine of 800 panas.’ 

Arthashastra and Charity

When it comes to charity and wealth redistribution, the Chanakyan edicts in Arthashastra and Chanakya Niti are heavily skewed in favor of Brahmins and not poor, destitute, and marginalized people.

In several places in Arthashastra and Chanakya Niti, Chanakya exhorts the rulers and common people to donate heavily and generously to Brahmins.

When the king punishes an innocent man, he shall throw into water dedicating to god Varuna a fine equal to thirty times the unjust imposition; and this amount shall afterwards be distributed among the Bráhmans. By this act, the king will be free from the sin of unjust imposition; for king Varuna is the ruler of sinners among men.
One who devotedly gives a little to a brahmana who is in distress is recompensed abundantly. Hence, O Prince, what is given to a good brahmana is got back not in an equal quantity, but in an infinitely higher degree.

Arthashashtra and Constitutional Norms

The concepts of justice and caste-based disproportionate and cruel punishments mentioned in Arthashashtra clearly militate against Indian statutes and constitution especially Articles 14 which talks about the right to equality; Article 15 which prohibits discrimination on grounds of religion, race, caste, sex, or place of birth; Article 16 which provides for equality of opportunity in matters of public employment; Article 17 that prohibits untouchability; Article 19 that provides for various freedoms; and Article 21 that guarantees all person the right to life and which have been interpreted by the Supreme Court to be inclusive of the right to a dignified life. 

Conclusion

In conclusion, Chanakyan edicts as contained in Arthshastra and elsewhere fly in the face of constitutional norms, human rights, and other international covenants that provide for the freedom, equality, and dignity of all human beings.

The Universal Declaration of Human Rights propounds that all human beings are born free and equal in dignity and rights and that no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. 

Contrary to this, Chanakya edicts contain degrading and humiliating punishments based on one’s caste and tribal affiliations.

The people before you were destroyed because they used to inflict legal punishments on the poor and forgive the rich.

Prophet Muhammad (PBUH)-(Sahih al-Bukhari Volume 8, Book 81, Number 778, narrated by Aisha (r))

Works cited

• Kautilya’s Arthashastra (Translated into English by R. Shamasastry)
• Constituent Assembly Debates (CLPR)
• The Constitution of India 1950
• Universal Declaration of Human Rights (UN)
• Draft National Education Policy
• Sahih al-Bukhari (English Translation by M Muhsin Khan)